Lamont and Others v. Lamont [1908] ScotLR 811 (30 June 1908)

Lamont and Others v. Lamont [1908] ScotLR 811 (30 June 1908)

The Court held that, in the absence of statutory restriction and in exercise of its nobile officium, it was competent to appoint new trustees to the marriage-contract trust where the sole surviving trustee was bankrupt and incapable, and that appointment of a judicial factor was not obligatory.

Citation
[1908] ScotLR 811
Parties
Petitioners: Lamont and Others; Respondent (trustee): Charles Lamont; Respondent (beneficiary/objector): Henry Charles Lamont
Jurisdiction
Scotland
Judgment Date
30 June 1908
Procedural Posture
Petition / Inner House, Second Division, Court of Session – Decision on Petition for Removal and Appointment of Trustees
Outcome
Petition granted
Legal Topics
Removal of Trustee, Appointment of Trustees, Nobile Officium, Judicial Factor, Bankruptcy of Trustee
Trusts and Estates Scots Law Removal of Trustee Appointment of Trustees Nobile Officium Judicial Factor Bankruptcy of Trustee

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Parties

Lamont and Others

Petitioners

Charles Lamont

Respondent (trustee)

Henry Charles Lamont

Respondent (beneficiary/objector)

Procedural Posture

Petition / Inner House, Second Division, Court of Session – Decision on Petition for Removal and Appointment of Trustees

Legal Issues

  1. 1 Whether the Court can, under its nobile officium, appoint new trustees to a marriage-contract trust where the sole surviving trustee is bankrupt and incapable
  2. 2 Whether the Court's power is limited to appointing a judicial factor in such circumstances

Ratio Decidendi

The Court held that, in the absence of statutory restriction and in exercise of its nobile officium, it was competent to appoint new trustees to the marriage-contract trust where the sole surviving trustee was bankrupt and incapable, and that appointment of a judicial factor was not obligatory.

Court Disposition

Petition granted

Orders

  • Removal of Charles Lamont as trustee
  • Appointment of the trustees under Henry Lamont's trust-disposition and settlement as trustees under the marriage-contract